1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These
terms tell you who we are, how we will provide products and services to you, how
you and we may change or end the contract, what to do if there is a problem and
other important information. If you think that there is a mistake in these terms,
please contact us to discuss.
1.3 These conditions shall apply to all contracts unless expressly varied in writing by
us.
1.4 We reserve the right to update our terms from time to time in line with our legal
and commercial obligations.
2. INFORMATION ABOUT US
2.1 We are Unum Design London Ltd (“Unum Design”) a company registered in
England and Wales. Our company registration number is 11864025 and our
registered office is at International House, 24 Holborn Viaduct, London, United
Kingdom, EC1A 2BN. Our registered VAT number is 337416010. You can access
our details on our website at www.unumdesign.co.uk
2.2 You can contact us by telephoning our customer service team at 0208 226 5556
or by writing to us at [email protected] or to International House, 24 Holborn
Viaduct, London, United Kingdom, EC1A 2BN.
2.3 Unless otherwise expressly agreed in writing the following terms (“The
Conditions”) shall apply to all business transacted and shall supersede any other
terms and conditions which a client may seek to impose at the time of order or at
any time thereafter.
3. BASIS OF DESIGN CONTRACT
3.1 A quotation given by us to you shall not constitute an offer. A quotation comprises
an invitation to treat and shall only be valid for a period of 30 days from its date
of issue.
3.2 Your order is deemed accepted when we write to you to accept the written
estimation design fee at which point a contract will come into existence between
you and us.
3.3 Subject to Clause 3.2, payment of deposit by you, writing confirmation or signing
a purchase order or the quotation is deemed to be acceptance of the contract.
3.4 If we are unable to accept your order, we will inform you in writing and will not
charge you for the product. This might be because the product is out of stock,
because of unexpected limits on our resources which we could not reasonably
plan for, because a credit reference we have obtained for you does not meet our
minimum requirements, because we have identified an error in the price or
description of the product or because we are unable to meet a delivery deadline
you have specified.
3.5 You acknowledge that you did not rely on any statement, oral warranty, promise
or representation made or given by or on behalf of us which is not set out in these
terms and the purchase order.
3.6 Any samples, images, drawings, descriptive matter, or advertising produced by
us and any descriptions or illustrations contained in our catalogues or brochures
are produced for the sole purpose of giving an approximate idea of the Goods
described in them. They shall not form part of the Contract or have any
contractual force. Your product may vary slightly from those images, samples and
drawings and although we will make every effort to be as accurate as possible,
our products are handmade, therefore all sizes, weights, capacities, dimensions
and measurements indicated on our website and brochure may have up to a 3%
tolerance. It is your responsibility to review and provide your final approval on
each CAD drawing.
3.7 If we are making the product to measurements you have given us, you are
responsible for ensuring that these measurements are correct. You can find
useful information on how to measure in our brochure or on our website, or simply
contact us.
3.8 We reserve the right to vary the design or specification of the Goods with a view
to improving such design or specification at any time before delivery provided that
such variations does not alter substantially the performance or specification of the
Goods. In any event an illustration or technical description in a quotation or other
sales details shall be regarded as approximate only and must be confirmed by
you before an order is placed in reliance upon them.
3.9 We shall use our best endeavours to comply with any reasonable request by
you to modify the Goods but in doing so may alter the Contract Price and/or the
delivery date and/or stipulate such other conditions which it may, at our sole
discretion, consider reasonable and all extra costs arising from such variation
shall be payable by you.
3.10 In the absence of express and specific written instruction from you, we reserve
the right to use any such construction or specification as it sees fit for any
particular application.
3.11 Should a particular specification be required which is subject to a British Standard
or current legislation you shall communicate this specification to us in writing prior
to the formation of the Contract and shall not be deemed to have been received
by us until acknowledged in writing.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the product you have ordered, please contact us.
We will let you know if the change is possible. If it is possible we will let you know
about any changes to the price of the product, the timing of supply or anything
else which would be necessary as a result of your requested change and ask you
to confirm in writing whether you wish to go ahead with the change.
4.2 We allow you to make two amendments to the initial conceptual design free of
charge.
4.3 Any additional amendments will be seen as additions and will be charged
accordingly at an hourly labour rate of £50.00 per hour.
4.4 The additional amendments will only commence following a written confirmation
by you in writing or via email.
4.5 If you require any additional services, we will quote you a reasonable additional
cost (payable at the same time and upon the same terms as the Contract Price):
a. Supply additional drawings and/or dimensions and/or alterations relating to the
Goods: and/or
b. Visit any site for any purpose connected with the Contract or the Goods: and/or
c. Prepare additional documentation relating to the Goods or their
delivery/installation.
5. DELIVERING THE PRODUCTS
5.1 Delivery will be deemed to have been affected when the Goods are delivered to
your premises or such other location as set out in the order or as agreed with you
before delivery or. If you are due to collect the Goods, then when the Goods are
collected from our premises or other agreed collection point.
5.2 Delivery dates are given in good faith and time of delivery shall not be of the
essence. Delivery times are not guaranteed and no liability will be accepted for
any loss whatsoever suffered or caused through late delivery or non-delivery.
5.3 The costs of delivery will be as told to you during the order process/ set out in our
current price list and/or on our website.
5.4 Scheduled deliveries will be rescheduled if you fail to meet the payment terms
under clause 11.
5.5 It is your responsibility to ensure items purchased can fit through internal and
external access points including and passages, stairwells, landings and doorways
on the way to the destination room. We hold no responsibility for items not fitting
in the premises and any rework or restocking fees will be payable by you prior to
final delivery.
5.6 In the case of any obstruction, will charge an hourly rate of £50.00 to remove said
obstructions.
5.7 We do supply and fit lights to our units, but the electrical connection of the lights
needs to be carried out by a certified electrician. If you do not have any
electrician, we can recommend an electrician, but it is your responsibility to
contract electrician directly and the cost of this is not included in our quotation. If
it is necessary to move electrical sockets, you must allow for this to be completed
before installation commences. Hand painting and oil finished will take place after
installation is completed.
5.8 Our painting quote is based on a White Dulux finish. If a different paint or colour
is to be used, a charge might apply. Spray painting will take place before
installation commences. Our spray-painting quote is based on white 20% sheen
paint. Darker colours and other sheen levels will be subject to a surcharge. Our
clear lacquer price is also based on a 10% sheen level.
5.9 Any and all parking charges will be the responsibility of our clients, on the days
of installation and will be charged on the final invoice (if applicable).
5.10 Our delivery team will unpack your furniture, install it in the room of your
choice and if you wish we will remove all packing materials from your home
and recycle wherever possible. We are not able to take away your old
furniture.
5.11 If your order is one of collection, then you can collect your Goods from us at any
time during our working hours of 9:00 AM to 5:00 PM on weekdays (excluding
public holidays).
5.12 If you fail to take delivery of the Goods when the Goods are ready for delivery or
collection for any reason, we will be entitled to charge you a reasonable additional
charge, including for storage, insurance and redelivery.
5.13 If, despite our reasonable efforts, 10 Business Days after the day on which we
notified you that the Goods were ready for delivery and you have not taken
delivery of them, we may (without prejudice to our rights against you) resell or
otherwise dispose of part of all of the Goods.
5.14 We will offer to store the products for up to 7 working days following completion
of manufacture of your order, free of charge. Thereafter we reserve the right to
apply a discretionary charge for on-going storage, which will be calculated at a
rate of 5% of the total sold value of the products (including VAT) per calendar
month, and pro-rata for any days or weeks within a monthly cycle, up to the date
of delivery.
5.15 If you do not allow us access to your property to perform the services as arranged
(and you do not have a good reason for this) we may charge you additional costs
incurred by us as a result.
5.16 If you wish to reschedule your delivery date and time, you must do so by
writing to us at least 48 hours prior to the scheduled delivery time and date.
Notification by telephone is not acceptable.
6. INSPECTION AND ACCEPTANCE
6.1 Upon delivery or collection, you must sign the delivery/collection note. It is
your responsibility to check the items to ensure the goods delivered or
collected are as ordered, the correct quantity and that they are of
satisfactory quality.
6.2 Subject to clause 3.2 and 3.3, you consent to our delivery team taking
images and/or videos of the delivered items to ensure delivery and
installation has been completed successfully. These images and/or videos
will be subject to our Privacy Policy and will only be stored securely for the
purpose intended. The images will not be shared or distributed to any third
party. You have a right to access this data, and if you wish to do so please
email [email protected]
6.3 Subject to Clause 10.3, in the event of any discrepancy whatsoever, you
must notify us immediately and within 48 hours upon delivery or collection
by writing the discrepancy on the delivery/collection note. If the item is
damaged, please retain the packaging. All claims for loss or damage must
be made before the end of the next working day.
7. TITLE AND RISK
7.1 You own a product once we have received payment in full. Until you become the
owner of the products, you shall not sell the products or part with possession of
the products. We may, for purposes of recovery, enter any premises where the
products are stored to recover them.
7.2 The risk in the product shall pass to you on completion of delivery.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Subject to clause 8.2, you can always end the contract for the supply of a product
before it has been completed. You may contact us to end your contract for a
product at any time before we have delivered it or completed supplying it. Of
course, you always have rights where a product is faulty or mis-described (see
clause 10, “If there is a problem with the product”).
8.2 In the event of a cancellation, you shall reasonably. indemnify us against all costs
and expenses incurred up to the time of such cancellation but not less than 25%
of the contract price.
8.3 Subject to clause 8.4, you have a legal right to change your mind within 14 days
beginning on the day after you receive the Products subject to the Products being
properly packed and returned in the same unused condition supplied. Damaged
goods cannot be accepted.
8.4 You do not have a right to change your mind in respect of:
a) All made to order items including bespoke orders and standard bespoke
b) services, once these have been completed.
8.5 Except when you are exercising your legal rights to end the contract because of
something we have done wrong then we will pay the costs of return. In all other
circumstances, you must pay the costs of return.
8.6 Any goods that have been altered by a third party or independently cannot be
returned or refunded.
8.7 Returned, or order cancellation items will be subject to a restocking fee. A
restocking fee of 30% is payable for any returned product. Bespoke items are
unique items made to your specification and for this reason is non-refundable.
8.8 If you cancel the Contract between us within 14 days from the date of
delivery/collection, we will process the refund due to you as soon as possible and,
in any case; within 21 days of the day, you gave notice of cancellation.
8.9 If a fault is discovered after you have exported the products outside United
Kingdom, it is your responsibility to return the goods to the UK at your own cost
for inspection. If a repair or replacement is produced by us, it will only be delivered
to a United Kingdom destination. If you then wish for the products to be exported,
it will be your responsibility to do so at your own cost and risk. For export orders,
it is therefore recommended that inspection takes place in the United Kingdom
prior to shipment.
8.10 We usually refund any money received from you using the same method as
originally used by you to pay for your purchase.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time if:
a. you do not make any payment to us when it is due, and you still do not make
payment within seven (7) days of us reminding you that payment is due;
b. you do not, within a reasonable time of us asking for it, provide us with information
that is necessary for us to provide the products, for example, your full name, email,
contact number and address;
c. you do not, within 10 business days, allow us to deliver the products to you or
collect them from us;
d. you do not, within 10 business days, allow us access to your premises to supply
the services.
9.2 You must compensate us if you break the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
This is a summary of your key legal rights.
These are subject to certain exceptions. For detailed information please visit
the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture], the Consumer Rights Act 2015
says goods must be as described, fit for purpose and of satisfactory quality.
During the expected lifespan of your product your legal rights entitle you to the
following:
A. up to 30 days: if your goods are faulty, then you can get an
immediate refund.
B. up to six months: if your goods can’t be repaired or replaced, then
you’re entitled to a full refund, in most cases.
C. up to six years: if your goods do not last a reasonable length of time
you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
a. you can ask us to repeat or fix a service if it’s not carried out with
reasonable care and skill or get some money back if we can’t fix it.
b. if you haven’t agreed a price beforehand, what you’re asked to pay
must be reasonable.
c. if you haven’t agreed a time beforehand, it must be carried out
within a reasonable time.
10.1 We will only replace like for like, therefore you cannot change any of the sizes,
fillings or fabrics. Upon a return, if a change is requested, you will incur further
costs. Please email [email protected] to request a quotation.
10.2 We reserve the right to recreate the made to order product in the exact same
specification, design, texture, colour and fabric and no variations are permitted.
10.3 If there is a problem with the product, in the first instance you must record a video
clip (not exceeding 20 seconds) of the product with a clear explanation of the
problem. You must send the video clip along with clear images to
[email protected] for review.
11. PRICE AND PAYMENT
11.1 The price of the product (which includes VAT) will be the price set out in our price
list in force at the date of your order unless we have agreed another price in
writing.
11.2 It is always possible that, despite our best efforts, some of the products we sell
may be incorrectly priced. We reserve the right to reject an order and refund your
money in full prior to delivery if the incorrectly priced item has a significant
difference from correct price in excess of £100.00.
11.3 The Contract Price is based upon the cost at the date of the Quotation of
materials, labour, transport or any currency fluctuations affecting the cost of
imported materials and of conforming to any applicable statutory regulations or
requirements and all other expenses. We reserve the right to vary the Contract
Price to take account of any variation in the unforeseen costs before the date of
delivery or installation.
11.4 When you must pay and how you must pay:
a) For purchasing goods, a 50% deposit is required before an order shall be
processed. The remaining 50% must be paid in cleared funds 48 hours prior to
the scheduled delivery or collection or date;
b) For installation services, a 50% deposit is required before an order shall be
processed. A further 30% must be paid in clear funds 48 hours prior to the
scheduled installation date and the final 20% is payable within 7 days from the
completion date.
c) If you do not make any payment to us by the due date, we may charge interest to
you on the overdue amount at the rate of 5% per month above the base lending
rate of Bank of England from time to time. This interest shall accrue on a daily
basis from the due date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with any
overdue amount.
12. LOSS AND DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful
to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for
fraud or fraudulent misrepresentation; for breach of your legal rights in relation to
the products including the right to receive products which are: as described and
match information we provided to you and any sample or model seen or examined
by you; of satisfactory quality; fit for any particular purpose made known to us;
supplied with reasonable skill and care and, where installed by us, correctly
installed; and for defective products under the Consumer Protection Act 1987.
12.2 If we are providing services in your property, we will make good any damage to
your property caused by us while doing so. However, we are not responsible for
the cost of repairing any pre-existing faults or damage to your property that we
discover while providing the services.
12.3 We will not under any circumstances whatsoever be liable for indirect or
consequential loss such as (but not limited to) loss of profit, pure economic loss,
loss of market, loss of business, depletion of goodwill and similar loss, costs,
damages, charges or expenses caused or the consequences of delay of delivery
or collection, however caused.
12.4 On removing old units when required, (remove and dispose) we do not take
responsibility for damage to existing paintwork, plaster, hidden or exposed
plumbing, electrics, alarms, phone cables, gas pipes or any other services that
are accidently damaged. We will take reasonable care, but cannot take
responsibility beyond that. Any work other that specified in the quotation will be
treated as an extra and will be subject to any extra charge.
12.5 We do not take responsibility accordance of scratched floor, walls or sealing
during the installation. We will take upmost care during installation, and protect
all floor surfaces, but cannot take responsibility beyond that.
13. OTHER IMPORTANT TERMS
13.1 All drawings, prototypes, specifications, mock-ups, designs and literature that are
prepared by us and any copyright therein or in any part thereof are the property
of and remain the intellectual property of Unum Design London Ltd and shall not
be reproduced, resold or dealt with in any manner whatsoever without our prior
written consent.
13.2 The infringement party shall indemnify us against all liabilities, costs, expenses,
damages and losses (including any direct, indirect or consequential losses, loss
of profit, loss of reputation and all interest, penalties and legal and other
reasonable professional costs and expenses) suffered or incurred by the
infringement party arising out of or in connection with the relevant breaches.
13.3 Bespoke orders. Note the following:
13.4 We do not guarantee an exact match for bespoke made to order products.
13.5 If you are supplying us with an image/drawing or we have finalised one for you
with your approval, we cannot guarantee an exact match unless we are given
complete technical drawings. Even so, we will guarantee a 99% match. Drawings
produced by us for signing off will be chargeable and payable by you.
This is a summary of your key legal rights.
These are subject to certain exceptions. For detailed information please visit
the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture], the Consumer Rights Act 2015
says goods must be as described, fit for purpose and of satisfactory quality.
During the expected lifespan of your product your legal rights entitle you to the
following:
A. up to 30 days: if your goods are faulty, then you can get an
immediate refund.
B. up to six months: if your goods can’t be repaired or replaced, then
you’re entitled to a full refund, in most cases.
C. up to six years: if your goods do not last a reasonable length of time
you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
a. you can ask us to repeat or fix a service if it’s not carried out with
reasonable care and skill or get some money back if we can’t fix it.
b. if you haven’t agreed a price beforehand, what you’re asked to pay
must be reasonable.
c. if you haven’t agreed a time beforehand, it must be carried out
within a reasonable time.
13.6 Slight differences in dimensions may occur due to the materials within the build.
If the furniture is intended for a specific place or location, you must inform us at
the time of ordering.
13.7 Products are all made to order, therefore without affecting your statutory rights,
can only be returned should the product contain faults. See clause 8.